Primo v. Safety Mutual Fire Insurance
Primo v. Safety Mutual Fire Insurance
Opinion of the Court
Opinion by
This is a suit on a fire insurance policy. There was a partial loss. Some time after the fire the insured went to the local agent and told him he had had a fire and to quote his language, “what I lost, the horses and cows and grain and he wrote down and he said all right you go home and do nothing until I have an answer from the . company and when I have answer from the company I will let you know.” The visit to the agent was repeated several times and each time the agent told him the same thing.
The same doctrine was declared in Dunn v. Farmer’s Fire Insurance Co., 34 Pa. Superior Ct. 245; Edelson v. Fire Insurance Co., 59 Pa. Superior Ct. 379; Calhoon v. Girard F. & M. Insurance Co., 64 Pa. Superior Ct., 82; and Devaney v. Northwestern National Insurance Co., 64 Pa. Superior Ct. 510.
Judgment affirmed.
Reference
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- Primo v. Safety Mutual Fire Insurance Company
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- Syllabus
- Insurance — Fire insurance — Proof of loss — Waiver—Local agent. Where a property insured against loss by fire, under a standard insurance policy, is destroyed by fire, and the owner neglects to furnish proof of loss to the company within sixty days, as provided by the policy, or to the local agent who had countersigned his policy within twenty days, as provided by the Act of June .27, 1883, P. L. 16S, he cannot excuse his lack of compliance with the covenant of the policy as to furnishing proofs of loss by setting up a verbal promise, made by the local agent, to the effect that he would let him know when he had received an answer from the company, and that the insured need do nothing until he heard from him.